Citation Nr: A25041239 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 230629-358750 DATE: May 6, 2025 ORDER The appeal as to the proposal to reduce the rating for right upper extremity cervical radiculopathy is dismissed. The appeal as to the proposal to reduce the rating for left upper extremity cervical radiculopathy is dismissed. FINDING OF FACT In May 2024, the Veteran died while this appeal was pending before the Board of Veterans' Appeals (Board). CONCLUSION OF LAW Due to the death of the Veteran, the criteria for the dismissal of this appeal have been met. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active-duty service from March 1970 to March 1994. The Board extends its sincerest condolences to the Veteran's family for their loss and recognizes the valuable service that the Veteran provided to this country for many years in the United States Air Force. These matters were docketed at the Board in response to the Veteran's June 29, 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), under the Hearing option. The Veteran had attempted to appeal a June 2023 rating decision, issued on June 21, 2023, by the Agency of Original Jurisdiction (AOJ), which proposed to reduce the Veteran's ratings for right upper extremity cervical radiculopathy and left upper extremity cervical radiculopathy. Also, while on the June 29, 2023 VA Form 10182, the Veteran cited to a June 28, 2023 rating decision, which was also the date he signed the VA Form 10182 itself, as there was no other rating decision issued in June 2023, the Board finds the Veteran attempted to appeal the June 21, 2023 rating decision. With respect to the June 2023 rating decision's proposals to reduce the Veteran's ratings for right upper extremity cervical radiculopathy and left upper extremity cervical radiculopathy, the June 2023 rating decision was not eligible for appeal as to these issues because it was a proposal as to the rating reductions, and not a decision, and thus, there would be no justiciable case or controversy for active consideration by the Board. See 38 U.S.C. § 7105. Indeed, a later August 2023 rating decision did not effectuate any rating reductions for right upper extremity cervical radiculopathy and left upper extremity cervical radiculopathy, but rather continued the prior ratings for each disability. As these issues are dismissed below due to the death of the Veteran, the Board will not adjudicate the merits of either issue in this decision. The Board also acknowledges an informal hearing presentation was not received from the Veteran's representative. However, no further action is required as to this issue, or any other due process deficiency, if such exists, given that this case is being dismissed due to the death of the Veteran. Unfortunately, the Veteran died during the pendency of the appeal. Specifically, in June 2024, Board received notification from the Social Security Administration that the Veteran had died in May 2024. Therefore, as a matter of law, the Board cannot issue a decision on the underlying merits of the appeal as to the proposals to reduce the ratings for right upper extremity cervical radiculopathy and left upper extremity cervical radiculopathy, at this time and must dismiss this appeal. 38 C.F.R. § 20.1302(a). The Board's dismissal does not affect the right of an eligible person to take the Veteran's place to continue the appeal on the pending claims as to the proposals to reduce the ratings for right upper extremity cervical radiculopathy and left upper extremity cervical radiculopathy. This process, known as substitution, must be requested within one year of the Veteran's death. 38 C.F.R. § 3.1010(a), (b). Individuals who may be eligible for substitution include the Veteran's surviving spouse, dependent children, dependent parents, and those who bore the expenses of last sickness or burial. 38 C.F.R. §§ 3.1000(a), 3.1010(a). In this case, no one has requested to substitute for the Veteran. Any person who would like to request substitution must submit a VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant." The form and filing instructions are available online at https://www.va.gov/find-forms/. If the AOJ receives a request for substitution within one year of the Veteran's death and then grants the request, this dismissed appeal will resume its place on the Board's ? docket. 38 C.F.R. § 20.1302(a). Here, there is no indication that VA received a request for substitution. Accordingly, the appeal is dismissed. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Espinoza, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.